Tito Vetaha Howard v. State

Opinion

Opinion issued November 13, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00428-CR ——————————— TITO VETAHA HOWARD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court Harris County, Texas Trial Court Case No. 1506165

MEMORANDUM OPINION

Appellant, Tito Vetaha Howard, pleaded guilty to the felony offense of

aggravated robbery.1 The trial court found appellant guilty, and, in accordance with

1 See TEX. PENAL CODE ANN. § 29.03 (West 2011). the terms of appellant’s plea bargain agreement with the State, sentenced appellant

to thirty years in prison. Appellant filed a pro se notice of appeal. We dismiss the

appeal.

In a plea bargain case, a defendant may only appeal those matters that were

raised by written motion filed and ruled on before trial or after getting the trial court’s

permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2018); TEX. R.

APP. P. 25.2(a)(2). An appeal must be dismissed if a certification showing that the

defendant has the right of appeal has not been made part of the record. TEX. R. APP.

P. 25.2(d).

Here, the trial court’s certification is included in the record on appeal. See id.

The trial court’s certification states that this is a plea bargain case and that the

defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record supports

the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim.

App. 2005). Because appellant has no right of appeal, we must dismiss this appeal.

See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of

appeals, while having jurisdiction to ascertain whether an appellant who plea-

bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal

without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any

pending motions as moot.

2 PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Bland.

Do not publish. TEX. R. APP. P. 47.2(b).